A wrongful death occurs when an individual or business can be held legally responsible for someone losing their life. There are many common causes of wrongful death, and the surviving family members may be eligible to bring a personal injury lawsuit in order to receive compensation for their losses.
However, there is a Spring wrongful death statute of limitations that requires any lawsuit be filed within a specific window of time. We can help you with that.
Common Wrongful Death Causes
There are many different common causes of wrongful deaths. One of the most common is vehicular accidents. Speeding, distracted driving, and driving while under the influence can all cause serious accidents that may result in a death. If a passenger in the at-fault driver’s car or someone in another car involved in the crash dies, their family may be able to sue for their losses.
Workplace accidents can also be a source of wrongful deaths. Employers have a responsibility to keep workplaces safe through maintenance, regulations, and ongoing safety checks. When they fail to uphold those responsibilities, serious accidents may result in death.
Another common cause of wrongful death is medical malpractice. Surgery errors, medication mistakes, and other missteps in a medical setting may result in a death that could have been avoided.
Wrongful Death Statute of Limitations
A statute of limitations is a legal deadline for filing a lawsuit or bringing charges against someone. Statutes of limitations are designed to ensure fairness and that credible evidence is available for a case. When the statute of limitations for a specific incident passes, the plaintiff (wronged party) can no longer file a lawsuit.
In Texas, the law sets a two-year statute of limitations on wrongful death suits (Texas Civil Practice & Remedies Code § 16.003(b)), which of course also applies in Spring, TX. It is important to note that the two years starts on the day the person dies, not necessarily the date of the incident that caused their injury and eventual death. So, for example, if someone was involved in a car accident and suffered injuries that eventually caused death three months later, the two year limit would start on the date of death, not the date of the car accident.
It is also important to note that a lawsuit must be filed before the two-year deadline, but that does not mean that the lawsuit will be completed and decided by that date. Anyone who is planning to bring forward a lawsuit for a wrongful death needs to make sure that they have spoken with an attorney and gathered enough documentation to file the lawsuit before the deadline.
Wrongful Death Lawsuit Steps
There are many steps to a wrongful death lawsuit, and some of them begin before the case is filed. To start, a lawyer can help collect and assess evidence to determine if a wrongful death lawsuit is appropriate. If so, the lawyer can help file the case and ensure that all documentation is completed within the statute of limitations.
The next steps may include negotiating with defendants in order to reach a settlement offer. If a settlement offer is extended, the client will need to decide whether or not to accept it. If an agreement cannot be reached, the case may go to court and be heard by a jury.
Contact a Spring, TX Attorney About the Wrongful Death Statute of Limitations
If you have questions about the wrongful death statute of limitations in Spring or other elements of a wrongful death lawsuit, reach out to our personal injury lawyers today. We are here to listen to your story and help you make decisions about the next steps.
